Armed Forces (Special Powers) Act

Armed Forces (Special Powers) Act, 1958 (AFSPA), lifted from more areas in Northeast states.

On March 25, Home Minister Amit Shah announced that the Union had decided to “reduce the Disturbed Zones.”
In Nagaland, Assam, and Manipur, it is governed by the Armed Forces (Special Powers) Act (AFSPA).
It is due to a “significant improvement in Northeast India’s security situation.”

Background
- The AFSPA, a reincarnation of British-era legislation meant to stifle protests during the Quit India movement, was issued in four ordinances in 1947.
- The ordinances were replaced by an Act in 1948, and the current Northeast statute was submitted in Parliament in 1958 by then-Home Minister G.B. Pant.
- It was known as the Military Forces (Assam and Manipur) Special Powers Act of 1958.
- Once these states were formed, the Act was amended to include Arunachal Pradesh, Meghalaya, Mizoram, and Nagaland.
About
- The Armed Forces and Central Armed Police Forces are given unrestricted powers under the AFSPA when deployed in “disturbed areas.”
- It is to kill anyone who breaks the law and arrest and search anyone without a warrant, with immunity from prosecution and legal action.
- The ordinance was initially implemented in 1958 in response to the Naga revolt.
- In 1972, the Act was revised.
- The authority to declare a region “disturbed” was simultaneously given to the federal government and the states.
- Tripura repealed the Act in 2015, while Meghalaya was subject to AFSPA for 27 years till the MHA repealed it on April 1, 2018.
- AFSFA is present in Assam, Nagaland, Manipur, and Arunachal Pradesh.

After giving a due warning as he deemed necessary, fire at or otherwise use force, including to the point of causing death, against any individual engaging.
Contravention of any current legislation or regulation in the disturbed regions restricting the gathering of five or more people or the carrying of firearms.
Arrest without a warrant and use of force in that capacity.
Eliminate any weapons dumps as well as the reinforced position and shelter.
Entry and search of the premises without a warrant based on suspicion.

Provide the armed forces more authority to carry out their duties to restore normalcy.
If AFSPA had been withdrawn early, the security situation would have deteriorated, and it would have taken longer to restore peace.
Regular CrPC has a limited ability to deal with violent situations.
In troubled places, proxy groups are also present.
Therefore, extraordinary powers are required to break that nexus.
Extraordinary abilities are also required because the armed forces encounter asymmetric warfare that includes;
- Raids
- Ambushes
- Mines and explosive devices
- Sabotage
Effective functioning – Armed Forces members must have a sense of security to function effectively in insurgency and militancy-affected areas.
National security – The provisions of this legislation have been critical in sustaining peace and order in troubled areas.
As a result, the nation’s sovereignty and security are protected.
Protection of members of the armed forces – It is critical to empower military forces personnel.
- They are continuously threatened with death by rebels and terrorists.
- Furthermore, its absence would hurt morale.

Misapplication of Act provisions such as phoney encounters, extrajudicial killings, etc.
In Indian democracy, AFSPA is considered a harsh, authoritarian, colonial, and antiquated law.
The Military Forces were given a licence to kill under AFSPA.
AFSPA can be interpreted as a breach of all other constitutional rights, such as the right to be free from arrest and incarceration and the right to privacy.
Abolition will reduce people’s feelings of alienation in this state, particularly in the northeast.
The country has a flagrant breach of constitutional ideals, human rights, and natural justice.
Abuse of power – It has been claimed that the act’s immunity has prompted the military forces to abuse their powers and conduct crimes such as;
- Enforced disappearances, phoney encounters, and sexual assault.

Peace can only be established by coordinating the efforts of the federal and state governments and security forces.
As seen in the cases of Tripura and Mizoram, the final solution is political.
There is a need to focus on mechanisms that will lead to the development of trust among the military forces and the general people.
There is no reason to run the country on bullets when the issue should be settled based on ballet.

Pic Courtesy: The Hindu

Content Source: Indian Express